The “marketplace” for intellectual property, and patents in particular, is represented in commercial licensing and sale transactions as well as by an award of reasonable royalties in the courts. Since the passing of the American Invents Act (AIA), there has been significant change in both segments as patent owners and counterparties seek to digest changing conditions. The rigors of the legal process make it even more difficult for the judicial market to adjust as the process for assessing value follows a process which is not easily amenable to change.
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